Appellate

  • October 21, 2026

    Ex-Arizona Recorder Urges High Court To Drop Voter ID Case

    A former recorder for Maricopa County, Arizona, says the Supreme Court should dismiss the Republican National Committee's challenge to two state voting laws as improvidently granted, telling the justices that the case is an improper vehicle for deciding provisions of the National Voting Rights Act.

  • October 21, 2026

    6th Circ. Weighs First Amendment Right To Court Videos

    Modern technology necessitates updated court-access rules, a representative for a University of Michigan professor told a Sixth Circuit panel Wednesday, saying that citizens should have access to audio and video recordings of public court proceedings in addition to written transcripts.

  • October 21, 2026

    Fed. Circ. Says Sioux Tribe Can't Shift Building Repair Costs

    A Federal Circuit Court of Appeals panel has rejected a South Dakota tribe's bid to overturn a decision that the federal government isn't responsible for paying for a deteriorating building on its reservation, saying it is not persuaded by the Indigenous nation's contract-based arguments.

  • October 21, 2026

    Fund Manager Fights Congo Palm Oil Ruling In Del. High Court

    An investment fund manager and three affiliated entities urged the Delaware Supreme Court Wednesday to overturn a ruling that stripped them of interests in a Congolese palm oil business, arguing it handed fellow investor Kuramo Capital Management LLC an enormous windfall, while Kuramo defended the unusual remedy as necessary to protect its investment from the manager's misconduct.

  • October 21, 2026

    5th Circ. Finds Afghan Educator Didn't Show Torture Risk

    A split Fifth Circuit let stand deportation orders for a former Afghan education official beaten by the Taliban after he protested the closure of girls' schools, finding the evidence did not support he would likely face torture if he returned.

  • October 21, 2026

    Fla. Court Refers Atty To Bar Over Pro Se-Like Filings

    A Florida appeals court on Wednesday referred a divorce attorney to the Florida Bar for filings with AI-hallucinated quotations and motion practice that the judges said they "typically see from vexatious pro se litigants."

  • October 21, 2026

    Amarin Ends 'Skinny Label' Patent Case Against Hikma

    Amarin Pharma Inc. is dropping its patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, months after the U.S. Supreme Court shut the case down.

  • October 21, 2026

    9th Circ. Confused By San Jose's Firefighter OT Math

    A Ninth Circuit panel on Wednesday appeared skeptical of an argument by the City of San José, California, that a lower court miscalculated the overtime pay owed to firefighters, but the judges also said they were "struggling with" the firefighters' argument.

  • October 21, 2026

    Pa. Panel Sets 3-Year Limit On Minimum Wage Claims

    A split Pennsylvania appeals court panel ruled Wednesday that workers have three years, not six, to sue for unpaid wages under the state's minimum wage law, siding with a pharmacy accused of shorting 20 employees on overtime pay.

  • October 21, 2026

    Italian Winery Asks Justices To Revive TM Victory

    An Italian winery has urged the U.S. Supreme Court to restore a trademark infringement ruling it won in New York federal court that was later overturned by the Second Circuit, saying the circuit had misapplied the justices' guidance for finding trademark preclusion.

  • October 21, 2026

    High Court Lets Block On Prison Gender Care Ban Stand

    The U.S. Supreme Court on Wednesday allowed federal prisons to continue to offer gender transition medical services to incarcerated people.

  • October 20, 2026

    11th Circ. Upholds Producer's Financing Scheme Conviction

    The Eleventh Circuit on Tuesday refused to disturb the conviction and sentencing of a producer accused of stealing $68.7 million from film and theater investors and producers, ruling that the producer hasn't shown that the district court made any mistakes.

  • October 20, 2026

    'Petulant' Attorney Behavior Requires New Trial, 5th Circ. Says

    The Fifth Circuit ordered a new trial Friday for a woman who was halted while speaking at a Louisiana local council meeting, saying defense lawyers for two council members threw "a skunk into the jury box" with a bevy of improper maneuvers.

  • October 20, 2026

    Kagan: High Court 'Blinded Itself' To Election Ruling Effects

    U.S. Supreme Court Justice Elena Kagan criticized her conservative colleagues' approach to deciding election law cases Tuesday, saying they often rule without considering the real-world consequences of their decisions. 

  • October 20, 2026

    Mariah Carey Defeats Brother's $20M Memoir Defamation Suit

    A New York judge has thrown out Mariah Carey's brother's $20 million defamation suit claiming his sister defamed him in her 2020 memoir, "The Meaning of Mariah Carey," ruling that he hasn't adequately alleged she knowingly or recklessly made false statements about him.

  • October 20, 2026

    Meta Wins Stay Of Wash. Ad Case Amid High Court Cert. Bid

    A Washington state judge on Tuesday granted Meta Platforms Inc.'s request to pause a permanent injunction requiring "full compliance" with a state political advertising disclosure law, agreeing to put the requirement on hold while the company asks the U.S. Supreme Court to review the law's constitutionality.

  • October 20, 2026

    Zimbabwe Says $441M Award Suit Deserves More Attention

    Zimbabwe is fighting European investors' efforts to summarily affirm a ruling enforcing some $441 million in arbitral awards they won after their land was seized under a controversial land reform program, telling the D.C. Circuit the case is not that simple.

  • October 20, 2026

    Colo. Justices Mull Criminal Trial Court's Restitution Authority

    Colorado's justices appeared hesitant Tuesday to limit a trial court's ability to impose restitution in cases where prosecutors fail to make a diligent effort to bring restitution information to sentencing, but pressed the state on what ruling would make victims whole and incentivize prosecutors to meet statutory deadlines.

  • October 20, 2026

    Florida Board Must Testify In Book Ban Suit, 11th Circ. Says

    A split Eleventh Circuit panel held Monday that current and former Florida school board members cannot invoke legislative privilege to avoid testifying about why they removed specific library books, finding that the privilege protects their adoption of book removal policies but not the decisions applying those policies to particular titles.

  • October 20, 2026

    Texas Appeals Court Skeptical Uri Interference Claims Viable

    A Texas appeals court on Tuesday sounded dubious of a claim brought by energy consumers alleging that dozens of companies involved in the natural gas industry tortiously interfered with their electricity contracts by decreasing natural gas output during a deadly winter storm.

  • October 20, 2026

    Catholic Scholars, Ex-Nat'l Security Officials Back Anthropic

    Former CIA Director Leon Panetta, ex-national security officials and Catholic theologians on Tuesday all urged the full D.C. Circuit to rehear Anthropic's challenge to the Trump administration's decision to designate the company a supply chain risk, claiming that the company's position strengthens the U.S. government's global edge in artificial intelligence and conforms with Catholic teaching.

  • October 20, 2026

    11th Circ. Rejects Ex-3M Worker's COVID Vax Refusal Suit

    The Eleventh Circuit on Tuesday declined to revive a Title VII religious discrimination suit by a former 3M healthcare business division employee who was terminated after refusing to get vaccinated against COVID-19 because of her beliefs, finding that her own statements show that there's no conflict between her beliefs and 3M's policy. 

  • October 20, 2026

    GOP States Back Trump Bid To Limit Immigrant Habeas

    Iowa and 21 other Republican-led states urged the U.S. Supreme Court on Tuesday to grant the Trump administration's petition to review whether district courts have authority over habeas petitions from noncitizens challenging their detention.

  • October 20, 2026

    Mich. Pharmacist Tells 6th Circ. Feds Silenced Key Witness

    A Michigan pharmacist serving an eight-year prison sentence for medical fraud is entitled to a new trial, his attorney told a Sixth Circuit panel Tuesday, arguing that a key defense witness in the case was threatened by the government and dissuaded from testifying.

  • October 20, 2026

    2nd Circ. Won't Block Connecticut Drug Price Cap

    A Second Circuit panel affirmed a lower court's decision Tuesday, refusing to block Connecticut from enforcing a cap on generic and off-patent drug prices while a trade association for drug wholesalers challenges the statute.

Expert Analysis

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

    Author Photo

    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

    Author Photo

    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

    Author Photo

    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependant on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

    Author Photo

    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

    Author Photo

    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

    Author Photo

    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

    Author Photo

    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

    Author Photo

    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • 5 Prediction Market Queries For Every League, Athletic Dept.

    Author Photo

    The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

  • Tips For Employers As Calif. Court Limits Harassment Liability

    Author Photo

    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • What CMS Audit Rule Means For Medicare Advantage Plans

    Author Photo

    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

    Author Photo

    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

    Author Photo

    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • Bankruptcy Deadlines, Concessions Can Decide Lien Priority

    Author Photo

    The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.

  • What Lawyers Should Know Before Accepting Crypto Payment

    Author Photo

    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here